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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5243 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5243

 To amend the Federal Food, Drug, and Cosmetic Act to provide for the 
    regulation of cannabis and cannabinoid products, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

   Mr. Wyden introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Food, Drug, and Cosmetic Act to provide for the 
    regulation of cannabis and cannabinoid products, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cannabinoid Safety 
and Regulation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--FOOD AND DRUG ADMINISTRATION REGULATION OF CANNABINOID 
                                PRODUCTS

Sec. 101. FDA regulation of cannabinoid products.
Sec. 102. Amendments to the Federal Food, Drug, and Cosmetic Act.
Sec. 103. Regulation of cannabinoid beverages containing 
                            tetrahydrocannabinol.
                        TITLE II--PUBLIC HEALTH

Sec. 201. Public health surveillance and data collection.
Sec. 202. Awards to prevent underage cannabis use.
            TITLE III--CANNABIS-IMPAIRED DRIVING PREVENTION

Sec. 301. Definitions.
Sec. 302. Cannabis-impaired driving research.
Sec. 303. DOT cannabis-impaired driving prevention programs.
Sec. 304. State cannabis-impaired driving prevention grant program.
Sec. 305. National cannabis impairment standard.
Sec. 306. Funding.

    TITLE I--FOOD AND DRUG ADMINISTRATION REGULATION OF CANNABINOID 
                                PRODUCTS

SEC. 101. FDA REGULATION OF CANNABINOID PRODUCTS.

    (a) In General.--The Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) is amended by adding at the end the following:

                   ``CHAPTER XI--CANNABINOID PRODUCTS

``SEC. 1101. CENTER FOR CANNABINOID PRODUCTS.

    ``Not later than 120 days after the date of enactment of the 
Cannabinoid Safety and Regulation Act, the Secretary shall establish 
within the Food and Drug Administration the Center for Cannabinoid 
Products, which shall report to the Commissioner in the same manner as 
the other agency centers within the Food and Drug Administration. The 
Center shall be responsible for the implementation of this chapter and 
related matters assigned by the Commissioner.

``SEC. 1102. ADULTERATED CANNABINOID PRODUCTS.

    ``A cannabinoid product shall be deemed to be adulterated if--
            ``(1) it consists in whole or in part of any filthy, 
        putrid, or decomposed substance, or is otherwise contaminated 
        by any added poisonous or added deleterious substance that may 
        render the product injurious to health;
            ``(2) it has been manufactured, prepared, processed, 
        packed, or held in insanitary conditions whereby it may have 
        been contaminated with filth, or whereby it may have been 
        rendered injurious to health;
            ``(3) it bears or contains any poisonous or deleterious 
        substance that may render it injurious to health;
            ``(4) its container is composed, in whole or in part, of 
        any poisonous or deleterious substance that may render the 
        contents injurious to health;
            ``(5) it bears or contains an unsafe color additive that is 
        unsafe within the meaning of section 721(a);
            ``(6) the methods used in, or the facilities or controls 
        used for, its manufacture, preparing, processing, packing, or 
        storage are not in conformity with applicable requirements 
        under section 1105(c);
            ``(7) it has been manufactured, prepared, processed, 
        packed, or held in any factory, warehouse, or establishment and 
        the owner, operator, or agent of such factory, warehouse, or 
        establishment delays, denies, or limits an inspection, or 
        refuses to permit entry or inspection; or
            ``(8) it bears or contains, or has been manufactured, 
        prepared, or processed from, artificially or synthetically 
        derived cannabinoids of any kind.

``SEC. 1103. MISBRANDED CANNABINOID PRODUCTS.

    ``A cannabinoid product shall be deemed to be misbranded--
            ``(1) if its labeling, advertising, or promotion is false 
        or misleading in any particular, except that no cannabinoid 
        product shall be deemed to be misbranded solely because its 
        labeling, advertising, or promotion uses the term `cannabis';
            ``(2) if it is a finished product, unless it bears a label 
        containing--
                    ``(A) a prominent statement on the front of the 
                product packaging, and on any internal product insert 
                or packaging, that the product contains cannabinoids;
                    ``(B) the name, place of business, and contact 
                information (including, as applicable, phone number, 
                email address, and physical address) of its 
                manufacturer, packer, or distributor;
                    ``(C) an accurate statement of the quantity of its 
                contents in terms of weight, measure, or numerical 
                count;
                    ``(D) a statement of its form as specified in 
                regulations promulgated pursuant to section 1105(a);
                    ``(E) if it is intended for animal consumption or 
                human consumption and is packaged and labeled in such a 
                way as to suggest more than one serving, dose, or the 
                equivalent, information on how such product may be 
                divisible into, or measured into, a portion equivalent 
                to one serving, dose, or the equivalent;
                    ``(F) if it is intended for animal consumption or 
                human consumption and is packaged and labeled in such a 
                way as to suggest more than one serving, dose, or the 
                equivalent, a statement of the amount of total 
                tetrahydrocannabinol, in milligrams, in one serving, 
                dose, or the equivalent;
                    ``(G)(i) a statement of the content and amount, in 
                milligrams, of any other cannabinoids in the product, 
                other than naturally occurring cannabinoids present at 
                trace amounts; and
                    ``(ii) if it is packaged and labeled in such a way 
                as to suggest more than one serving, dose, or the 
                equivalent, a statement of the amount of such other 
                cannabinoids in one serving, dose, or the equivalent;
                    ``(H) adequate directions for use and how to report 
                adverse events, if deemed necessary for the protection 
                of the public health in regulations promulgated 
                pursuant to section 1105(a);
                    ``(I) if it is intended for human consumption, a 
                statement disclosing the presence or the possibility of 
                the presence of any major food allergen or other food 
                allergen which the Secretary may, by order, require to 
                be disclosed;
                    ``(J) if it is intended for human use, a statement 
                disclosing any known risks to special populations, 
                including children, individuals who are pregnant or 
                breastfeeding, and individuals taking drugs known to 
                interact with the product, including the following 
                statement: `Keep out of reach of children and pets. 
                This product should not be consumed by women who are 
                pregnant or nursing. Consult your health care provider 
                if you have any other medical conditions or are taking 
                any medication(s). This product may be purchased only 
                by persons 21 and older.';
                    ``(K) a statement disclosing risks posed by 
                consuming or using the specific cannabinoid contained 
                or purported to be contained in the product, including 
                the risk of drug test failure;
                    ``(L) unless it is a dietary supplement that bears 
                the statement required by section 403(r)(6)(C), a 
                statement disclosing that the Food and Drug 
                Administration has not determined the product to be 
                safe or effective for treating any condition, including 
                the following statement: `This product has not been 
                evaluated for safety or efficacy by the Food and Drug 
                Administration.';
                    ``(M) if it is intended for use in animals, a 
                prominently placed, conspicuous--
                            ``(i) warning that the product should not 
                        be used by humans; and
                            ``(ii) statement that the product is 
                        intended for use in animals, including a 
                        specification of the intended species;
                    ``(N) the applicable universal symbol described in 
                section 1105(d);
                    ``(O) beginning not later than 90 days after 
                issuance of an order or finalization of a rule under 
                section 1105(f)(1), as applicable, information on the 
                safety test results for such product, or information on 
                where to obtain such safety test results; and
                    ``(P) such other information as the Secretary 
                determines, in regulations promulgated pursuant to 
                section 1105(a), to be necessary for the protection of 
                the public health;
            ``(3) if it is a dietary supplement or a food and its label 
        or labeling bears a statement describing the role of a cannabis 
        constituent or cannabinoid intended to affect the structure or 
        any function of the body of humans or other animals, unless 
        there is substantiation that such statement is truthful and not 
        misleading;
            ``(4) if any word, statement, or other information required 
        by or under authority of this Act to appear on the label or 
        labeling is not prominently placed thereon with such 
        conspicuousness (as compared with other words, statements, 
        designs, or devices, in the labeling) and in such terms as to 
        render it likely to be read and understood by the ordinary 
        individual under customary conditions of purchase and use;
            ``(5) if it purports to be, or is represented as, a 
        cannabinoid product that is subject to a cannabinoid product 
        standard established under section 1106 unless such cannabinoid 
        product is in all respects in conformity with such standard;
            ``(6) if its sale, distribution, or label or labeling is 
        not in conformity with applicable requirements under 
        subsections (a) and (b) of section 1105;
            ``(7) if it was manufactured, prepared, propagated, 
        compounded, processed, packaged, packed, imported, labeled, or 
        held in an establishment not duly registered under section 
        1104, if it was not included in a list required by section 
        1104, or if it was manufactured, prepared, propagated, 
        compounded, processed, packaged, packed, imported, labeled, or 
        held by or in an establishment for which the registration was 
        suspended under section 1104 and such registration has not been 
        reinstated;
            ``(8) if it takes such a form as to imitate or replicate a 
        product that is marketed to or is commonly associated with 
        children or minors, imitates a commercially available candy, 
        snack, or beverage packaging or labeling, or is in the shape of 
        real or imagined animals, people, vehicles, or characters, 
        including anthropomorphic non-human animals, vehicles, foods, 
        plants, or other characters, and including cartoon characters;
            ``(9) it is a gummy product, unless it is in the shape of a 
        cube, rectangle, sphere, or other geometric shape; or
            ``(10) if it purports to be, or is represented as, an eye 
        drop, nasal spray, or injectable.

``SEC. 1104. REGISTRATION.

    ``(a) Registration by Covered Entities.--
            ``(1) Initial registration.--
                    ``(A) Existing facilities.--Each covered entity 
                that, on the date of enactment of the Cannabinoid 
                Safety and Regulation Act, owns or operates a facility 
                that carries out a covered activity shall register each 
                such facility with the Secretary not later than 90 days 
                after such date of enactment, in accordance with 
                subsection (b).
                    ``(B) New facilities.--Each covered entity that 
                owns or operates a facility that first carries out, 
                after the date of enactment of the Cannabinoid Safety 
                and Regulation Act, a covered activity shall register 
                with the Secretary not later than 30 days after the 
                date on which a covered entity first engages in such 
                covered activity or 30 days after the deadline for 
                registration under subparagraph (A), whichever is 
                later, in accordance with subsection (b).
            ``(2) Renewal of registration.--Each covered entity 
        required to register a facility under this section shall renew 
        such registration with the Secretary on or before December 31 
        of each even-numbered year.
    ``(b) Content of Registration.--
            ``(1) In general.--For each facility at which a covered 
        entity carries out a covered activity, such covered entity 
        shall submit to the Secretary, through the website established 
        under paragraph (2)(A), a registration that includes--
                    ``(A) information necessary to notify the Secretary 
                of the name (including trade name), address, and 
                telephone number of such facility;
                    ``(B)(i) in the case of a domestic facility, the 
                email address and telephone number for the contact 
                person of such facility; or
                    ``(ii) in the case of a foreign facility, the email 
                address and telephone number for the United States 
                agent for such facility;
                    ``(C) the general activities conducted at such 
                facility, including the 1 or more categories of 
                cannabinoid products manufactured, prepared, 
                propagated, compounded, processed, packaged, packed, 
                imported, labeled, or held at such facility;
                    ``(D) the facility registration number for such 
                facility, if any, previously assigned by the Secretary;
                    ``(E) all brand names under which cannabinoid 
                products manufactured, prepared, propagated, 
                compounded, processed, packaged, packed, imported, 
                labeled, or held in such facility are sold, on the 
                condition that the Secretary shall keep such 
                information confidential;
                    ``(F) an assurance that the Secretary will be 
                permitted to inspect such facility at the times and in 
                the manner permitted by this Act, including section 
                704; and
                    ``(G) any other information the Secretary may 
                require.
            ``(2) Procedure.--
                    ``(A) Website.--
                            ``(i) In general.--Not later than the 
                        applicable date described in clause (ii), the 
                        Secretary shall establish a website for 
                        submission of registration under this 
                        subsection.
                            ``(ii) Applicable date described.--The 
                        applicable date described in this clause is--
                                    ``(I) 180 days after the date of 
                                enactment of the Cannabinoid Safety and 
                                Regulation Act; or
                                    ``(II) if December 31 is less than 
                                180 days after such date of enactment, 
                                240 days after such date of enactment.
                    ``(B) Notification of receipt; registration 
                numbers.--Not later than 30 days after the date on 
                which the Secretary receives a completed registration 
                submitted under this subsection, the Secretary shall--
                            ``(i) notify the applicable covered entity 
                        of the receipt of such registration; and
                            ``(ii) assign such covered entity a 
                        registration number.
                    ``(C) Owners, operators, and agents in charge.--A 
                registration under this subsection shall--
                            ``(i) in the case of a domestic facility, 
                        be submitted by the owner or operator of such 
                        facility; and
                            ``(ii) in the case of a foreign facility, 
                        be submitted by the owner or operator of such 
                        facility.
    ``(c) Uniform Product Identification System.--The Secretary may--
            ``(1) by regulation prescribe a uniform system for the 
        identification of cannabinoid products; and
            ``(2) require persons who are required to list such 
        cannabinoid products under subsection (f)--
                    ``(A) to list such cannabinoid products in 
                accordance with such system; and
                    ``(B) to include the identification number for such 
                cannabinoid products on the labels for such cannabinoid 
                products.
    ``(d) Registration Information.--The Secretary shall compile and 
maintain an up-to-date list of facilities that are registered under 
this section.
    ``(e) Fee for Registration.--
            ``(1) In general.--The Secretary may charge a fee for 
        registration under this section, which shall be due upon 
        submission of such registration.
            ``(2) Electronic payment.--Payment of the fee under 
        paragraph (1) may be made electronically pursuant to an online 
        method of payment provided by the Secretary.
            ``(3) Amount of fee; inflation adjustments.--
                    ``(A) In general.--If the Secretary charges a fee 
                under paragraph (1), the Secretary shall establish the 
                amount of the fee as follows:
                            ``(i) For fiscal year 2024, an amount not 
                        to exceed $500.
                            ``(ii) For fiscal year 2025 and each fiscal 
                        year thereafter, an amount equal to the product 
                        obtained by multiplying--
                                    ``(I) the dollar amount of the fee 
                                established under clause (i); and
                                    ``(II) the percentage (if any) by 
                                which the Consumer Price Index for All 
                                Urban Consumers, as published by the 
                                Bureau of Labor Statistics of the 
                                Department of Labor, increased during 
                                the most recent 12-month period.
                    ``(B) Effect.--Nothing in this paragraph prevents 
                the Secretary from decreasing the amount of the 
                registration fee under paragraph (1).
            ``(4) Registration refused or withdrawn.--The Secretary 
        shall refund 75 percent of the fee paid under paragraph (1) for 
        any registration that is denied, refused, or withdrawn.
    ``(f) Registration Information.--
            ``(1) Product list.--
                    ``(A) In general.--Each covered entity that 
                registers with the Secretary under this section shall, 
                at the time of such registration, file with the 
                Secretary--
                            ``(i) a list of all cannabinoid products 
                        which are being manufactured, prepared, 
                        propagated, compounded, processed, packaged, 
                        packed, imported, labeled, or held by such 
                        covered entity for commercial distribution and 
                        which have not been included in any list of 
                        cannabinoid products filed by such covered 
                        entity with the Secretary under this paragraph 
                        or paragraph (2) before such time of 
                        registration; and
                            ``(ii) such other information as the 
                        Secretary may require, by regulation, to carry 
                        out the purposes of the Cannabinoid Safety and 
                        Regulation Act, including the amendments made 
                        by such Act.
                    ``(B) Form and manner of list.--The list under 
                subparagraph (A)(i) shall include--
                            ``(i) the facility registration number of 
                        each facility where the cannabinoid product is 
                        manufactured, prepared, propagated, compounded, 
                        processed, packaged, packed, imported, labeled, 
                        or held;
                            ``(ii) the name and contact number of the 
                        responsible person and the name for the 
                        cannabinoid product, as such name appears on 
                        the label;
                            ``(iii) the name and contact number of the 
                        person submitting the listing; and
                            ``(iv) an electronic copy of the label, and 
                        an electronic copy of the package insert, if 
                        any.
            ``(2) Report of any change in product list.--Each covered 
        entity that registers with the Secretary under this section 
        shall report to the Secretary as follows:
                    ``(A) Prior to the introduction into commercial 
                distribution of a cannabinoid product that has not been 
                included in any list previously filed by the 
                registrant, a list containing such cannabinoid product.
                    ``(B) A notice of discontinuance of the 
                manufacturing, preparing, propagating, compounding, 
                processing, packaging, packing, importing, labeling, or 
                holding for commercial distribution of a cannabinoid 
                product included in a list filed under subparagraph (A) 
                or paragraph (1), and the date of such discontinuance.
                    ``(C) A notice of resumption of the manufacturing, 
                preparing, propagating, compounding, processing, 
                packaging, packing, importing, labeling, or holding for 
                commercial distribution of the cannabinoid product with 
                respect to which a notice of discontinuance was 
                reported under subparagraph (B).
                    ``(D) A list of each cannabinoid product included 
                in a notice filed under subparagraph (C) prior to the 
                resumption of the introduction into commercial 
                distribution of such cannabinoid product.
    ``(g) Suspensions.--
            ``(1) Suspension of registration of a facility.--The 
        Secretary may suspend the registration of a facility if the 
        Secretary--
                    ``(A) determines that a cannabinoid product 
                manufactured, prepared, propagated, compounded, 
                processed, packaged, packed, imported, labeled, or held 
                by such registered facility and distributed in the 
                United States has a reasonable probability of causing a 
                serious adverse effect in humans or other animals; and
                    ``(B) has a reasonable belief that other 
                cannabinoid products manufactured, prepared, 
                propagated, compounded, processed, packaged, packed, 
                imported, labeled, or held by such registered facility 
                may be similarly affected because of a failure that 
                cannot be isolated to a product or products, or is 
                sufficiently pervasive to raise concerns about other 
                products manufactured, prepared, propagated, 
                compounded, processed, packaged, packed, imported, 
                labeled, or held in such registered facility.
            ``(2) Notice of suspension.--Before suspending the 
        registration of a facility under this subsection, the Secretary 
        shall provide--
                    ``(A) notice to the applicable covered entity of 
                the intent to suspend the facility registration, which 
                shall specify the basis of the determination by the 
                Secretary that the facility registration should be 
                suspended; and
                    ``(B) an opportunity, within 5 business days of the 
                notice provided under subparagraph (A), for such 
                covered entity to provide a corrective action plan to 
                demonstrate how such covered entity plans to correct 
                the violations found by the Secretary.
            ``(3) Hearing.--
                    ``(A) In general.--The Secretary shall provide a 
                covered entity the facility registration of which is 
                suspended under this subsection with an opportunity for 
                an informal hearing, to be held as soon as practicable, 
                but in any case not later than 5 business days after 
                such registration is suspended, or such other time 
                period as is agreed upon by the Secretary and the 
                covered entity, on the actions required for 
                reinstatement of registration and why the registration 
                that is subject to the suspension should be reinstated.
                    ``(B) Post-hearing reinstatement.--If a covered 
                entity requests a hearing under subparagraph (A), and 
                the Secretary determines, based on evidence presented 
                at such hearing, that adequate grounds do not exist to 
                continue the suspension of such registration, the 
                Secretary shall reinstate such registration.
                    ``(C) Post-hearing corrective action plan.--
                            ``(i) In general.--If a covered entity 
                        requests a hearing under subparagraph (A), and 
                        the Secretary determines, based on evidence 
                        presented at such hearing, that the suspension 
                        of registration remains necessary, the 
                        Secretary shall require the applicable covered 
                        entity to submit to the Secretary a corrective 
                        action plan described in paragraph (2)(B), if 
                        not already submitted.
                            ``(ii) Review.--The Secretary shall review, 
                        and approve or deny, a plan submitted under 
                        paragraph (2)(B) or clause (i), as applicable, 
                        not later than 14 business days after such 
                        submission or such other time period as is 
                        determined by the Secretary, in consultation 
                        with the applicable covered entity.
                    ``(D) Vacating of order; reinstatement.--Upon a 
                determination by the Secretary that adequate grounds do 
                not exist to continue the suspension of a registration 
                of a facility under this subsection, the Secretary 
                shall promptly vacate such suspension and reinstate 
                such registration.
            ``(4) Effect of suspension.--If the registration of a 
        facility is suspended under this subsection, no person shall 
        carry out a covered activity at such facility.
    ``(h) Disclosure.--
            ``(1) In general.--The list described in subsection (d), 
        any information submitted by a covered entity pursuant to this 
        section, and any information derived from such list or 
        information, shall be exempt from disclosure under section 552 
        of title 5, United States Code, to the extent that such list or 
        information discloses the identity or location of a registered 
        facility, unless such information was previously lawfully 
        disclosed to the public.
            ``(2) Applicability.--For purposes of paragraph (1), this 
        section shall be considered a statute described in section 
        552(b)(3)(B) of title 5, United States Code.
    ``(i) Regulations.--The Secretary may promulgate such regulations 
as may be necessary to carry out this section.
    ``(j) Definitions.--In this section:
            ``(1) Covered activity.--The term `covered activity' 
        means--
                    ``(A) in the case of a domestic facility, the 
                manufacturing, preparing, propagating, compounding, 
                processing, packaging, packing, importing, labeling, or 
                holding of a cannabinoid product for commercial 
                distribution in the United States; or
                    ``(B) in the case of a foreign facility, the 
                manufacturing, preparing, propagating, compounding, 
                processing, packaging, packing, labeling, or holding of 
                a cannabinoid product that is imported or offered for 
                import into the United States.
            ``(2) Covered entity.--The term `covered entity' means any 
        person who owns or operates a domestic facility or foreign 
        facility that is engaged in a covered activity.
            ``(3) Domestic facility.--The term `domestic facility' 
        means a facility located in any State.
            ``(4) Foreign facility.--The term `foreign facility' means 
        a facility that manufactures, prepares, propagates, compounds, 
        processes, packages, packs, labels, or holds a cannabinoid 
        product that is imported or offered for import into the United 
        States.

``SEC. 1105. GENERAL PROVISIONS FOR CONTROL OF CANNABINOID PRODUCTS.

    ``(a) Restrictions on Sale and Distribution.--
            ``(1) Remote sales.--Not later than 2 years after the date 
        of enactment of the Cannabinoid Safety and Regulation Act, the 
        Secretary shall propose, and not later than 3 years after such 
        date of enactment, the Secretary shall finalize, regulations 
        regarding the promotion, sale, and distribution of cannabinoid 
        products intended for human consumption and that contain 
        detectable levels of any tetrahydrocannabinol that occur 
        through means other than a direct, face-to-face exchange 
        between a retailer and a consumer, in order to prevent the sale 
        and distribution of cannabinoid products to individuals who 
        have not attained the age of 21, including requirements for age 
        verification. Such regulations shall require age to be verified 
        at the time of purchase or prior to shipment, either through 
        use of a reliable online age verification service or by 
        obtaining and examining a copy of a valid, non-expired 
        government-issued identification, including identification 
        issued by an Indian Tribe (as defined in section 1110).
            ``(2) Preventing use of cannabinoid products in minors.--
        The Secretary shall, by regulation, impose such restrictions on 
        sales of cannabinoid products as the Secretary determines 
        necessary and appropriate to prevent the consumption or 
        application of cannabinoid products intended for human 
        consumption by individuals under 21 years of age. Such 
        regulations shall prohibit sales of cannabinoid products, 
        whether directly or indirectly, to individuals under 21 years 
        of age, and any other action that has the primary purpose of 
        initiating or increasing the use of cannabinoid products in 
        such individuals.
            ``(3) Good faith consultation with indian tribes.--In 
        issuing regulations under paragraphs (1) and (2), the Secretary 
        shall conduct good faith, meaningful, and timely consultations 
        with Indian Tribes (as defined in section 1110).
    ``(b) Labeling Statements.--The label and labeling of a cannabinoid 
product shall bear such appropriate statements of the restrictions 
required by a regulation under subsection (a) as the Secretary may in 
such regulation prescribe.
    ``(c) Standardized Information Panel for Ingestible Cannabinoid 
Products.--The Secretary may prescribe by order a standardized format 
or label for labeling information required under this chapter for 
cannabinoid products intended for human consumption.
    ``(d) Universal Symbol.--
            ``(1) In general.--The universal symbol referred to in 
        section 1103(2)(N) is, as applicable--
                    ``(A) the most recent international symbol 
                established by ASTM International indicating that a 
                product contains intoxicating cannabinoids; or
                    ``(B) the most recent international symbol 
                established by ASTM International indicating that a 
                product contains nonintoxicating cannabinoids.
            ``(2) State authority.--
                    ``(A) In general.--The State in which a cannabinoid 
                product is offered for sale may determine which of the 
                universal symbols described in subparagraphs (A) and 
                (B) of paragraph (1) shall be required to be included 
                on the label for such cannabinoid product for purposes 
                of section 1103(2)(N).
                    ``(B) State labels.--Before the date on which an 
                international symbol described in paragraph (1)(B) is 
                established, the State in which a cannabinoid product 
                is offered for sale may establish, for purposes of 
                section 1103(2)(N), a symbol that indicates that a 
                product contains either intoxicating cannabinoids or 
                nonintoxicating cannabinoids.
    ``(e) Tamper-Evident and Child Safety Packaging.--
            ``(1) In general.--The Secretary may establish by order 
        requirements for tamper-evident and child safety packaging for 
        cannabinoid products intended for human consumption and that 
        contain more than 1 serving and are packaged in a container 
        that exceeds 4 ounces.
            ``(2) Effect.--Nothing in this subsection shall authorize 
        the Secretary to prescribe by order or rulemaking specific 
        packaging designs, product content, package quantity, or, with 
        the exception of authority granted in section 1103, labeling 
        and packaging.
    ``(f) Good Manufacturing Practice Requirements.--
            ``(1) In general.--Not later than 9 months after the date 
        of enactment of the Cannabinoid Safety and Regulation Act, the 
        Secretary shall promulgate regulations to require that the 
        methods used in, and the facilities and controls used for, the 
        manufacture, preparing, processing, packing, and holding of a 
        cannabinoid product conform to current good manufacturing 
        practice, including testing of cannabinoid products.
            ``(2) Certification.--The Secretary may require each 
        covered entity with a registered facility under section 1104 to 
        certify with respect to such registered facility compliance 
        with the good manufacturing practice regulations described in 
        paragraph (1).
    ``(g) Good Testing Practice Requirements.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Cannabinoid Safety and Regulation Act, the 
        Secretary shall promulgate regulations or issue an order to 
        require a cannabinoid product to be tested for safety in a 
        laboratory certified, accredited, licensed, or otherwise 
        formally recognized for the testing of cannabinoid products in 
        the State in which the cannabinoid product is produced. Such 
        regulations may include requirements for laboratory 
        accreditation standards, such as ISO 17025 of the International 
        Organization for Standardization (or a successor standard).
            ``(2) Requirements for entities conducting testing.--The 
        regulations or order under paragraph (1) shall require that an 
        entity conducting a test of a cannabinoid product described in 
        such paragraph--
                    ``(A) be registered and accredited for the testing 
                of cannabinoid products or cannabis products in the 
                applicable State; or
                    ``(B) be registered and in good standing with the 
                Drug Enforcement Agency as a Hemp Analytical Testing 
                Laboratory.
            ``(3) Requirements for testing.--The regulations or order 
        under paragraph (1) shall require that a test of a cannabinoid 
        product described in such paragraph--
                    ``(A) shall be completed using--
                            ``(i) statistically valid sampling of the 
                        cannabinoid product; and
                            ``(ii) analytical testing methodologies 
                        that are--
                                    ``(I) based on published, peer-
                                reviewed methods validated for cannabis 
                                testing by an independent third party; 
                                or
                                    ``(II) verified by the testing 
                                entity for compliance with the Official 
                                Methods of Analysis of AOAC 
                                International, 22nd edition (or any 
                                successor edition);
                    ``(B) shall include--
                            ``(i) testing for--
                                    ``(I) pesticides and other chemical 
                                residues or residual solvents, 
                                regardless of whether a tolerance for 
                                such pesticides or other chemical 
                                residues or residual solvents has been 
                                established;
                                    ``(II) synthetic inputs used to 
                                produce semi-synthetic cannabinoid 
                                products, including hydrochloric acid 
                                and sulphuric acid;
                                    ``(III) heavy metals, including 
                                arsenic, cadmium, lead, and copper, 
                                regardless of whether a tolerance for 
                                such heavy metals has been established; 
                                and
                                    ``(IV) foreign matter, including 
                                mildew, organic materials foreign to 
                                the product, and inorganic materials; 
                                and
                            ``(ii) a potency analysis, which may not be 
                        adulterated or manipulated by any means, 
                        including by the addition of trichromes or 
                        other matter incidentally removed while 
                        manipulating the product for testing, including 
                        measurements of--
                                    ``(I) the total 
                                tetrahydrocannabinol content of the 
                                finished product;
                                    ``(II) the total cannabinoid 
                                content of the finished product;
                                    ``(III) the concentration of 
                                tetrahydrocannabinol; and
                                    ``(IV) the concentration of 
                                cannabinoids;
                    ``(C) shall be conducted subject to quality 
                assurance protocols to ensure the validity and 
                reliability of test results;
                    ``(D) shall use analytical method selection, 
                validation, and verification that ensure that the 
                testing method used is appropriate for the product type 
                and method of consumption by the end user, including 
                post-decarboxylation, if applicable;
                    ``(E) shall ensure that analytical tests are 
                sufficiently sensitive for the purposes of the 
                detectability requirements of required testing; and
                    ``(F) shall use testing protocols that include an 
                effective disposal procedure for non-compliant samples 
                that do not meet the requirements of this section.
            ``(4) Product safety thresholds.--The regulations or order 
        under paragraph (1) shall establish thresholds for cannabinoid 
        product safety with respect to residual solvent levels, heavy 
        metals, foreign matter, mycotoxin levels, and byproducts of 
        semi-synthetic manufacturing processes.
    ``(h) Foods Containing Cannabinoids.--
            ``(1) In general.--A food may also be a cannabinoid 
        product, or contain a cannabinoid product, if it otherwise 
        complies with all applicable requirements for food under 
        chapter IV and all applicable requirements for cannabinoid 
        products under this chapter.
            ``(2) Effect.--A food that is also a cannabinoid product, 
        or that contains a cannabinoid product, shall not be deemed--
                    ``(A) adulterated under section 402(a)(2)(C)(i) 
                solely on account of constituents made or derived from 
                cannabinoids; or
                    ``(B) a food to which has been added a drug 
                approved under section 505 or a drug for which 
                substantial clinical investigations have been 
                instituted and for which the existence of such 
                investigations has been made public for purposes of 
                section 301(ll) solely on account of constituents made 
                or derived from cannabis.
    ``(i) Dietary Supplements Containing Cannabinoids.--
            ``(1) In general.--A dietary supplement may also be a 
        cannabinoid product, or contain a cannabinoid product, if it 
        otherwise complies with all applicable requirements for dietary 
        supplements and food under chapter IV and all applicable 
        requirements for cannabinoid products under this chapter.
            ``(2) Effect.--A dietary supplement that is also a 
        cannabinoid product, or that contains a cannabinoid product, 
        shall not be--
                    ``(A) deemed adulterated under section 402(f) 
                solely on account of constituents made or derived from 
                cannabinoids; or
                    ``(B) excluded from the definition of dietary 
                supplement under section 201(ff)(3) solely on account 
                of constituents made or derived from cannabis.
    ``(j) Manufacturing, Processing, and Production of Cannabinoids and 
Semi-Synthetic Cannabinoids.--
            ``(1) In general.--The Secretary may promulgate regulations 
        regarding the manufacturing, processing, or production of 
        artificially or synthetically derived cannabinoids and semi-
        synthetic cannabinoids in order to protect the public health.
            ``(2) Safety; removal of dangerous cannabinoids.--If 
        promulgated, the regulations under paragraph (1)--
                    ``(A) shall determine the safety of artificially or 
                synthetically derived cannabinoids and semi-synthetic 
                cannabinoids across various methods of administration; 
                and
                    ``(B) may establish a process for the removal from 
                the market of--
                            ``(i) dangerous artificially or 
                        synthetically derived cannabinoids or semi-
                        synthetic cannabinoids; or
                            ``(ii) artificially or synthetically 
                        derived cannabinoids or semi-synthetic 
                        cannabinoids that cause a serious adverse 
                        effect (as defined in section 201(tt)(5)).

``SEC. 1106. CANNABINOID PRODUCT STANDARDS.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Cannabinoid Safety and Regulation Act, the Secretary 
shall, by regulation, adopt cannabinoid product standards that are 
appropriate for protection of the public health and that distinguish 
different cannabinoid product types.
    ``(b) Content of Standards.--A cannabinoid product standard 
established under this section shall include provisions--
            ``(1) on the ingredients of the cannabinoid product, 
        including, where appropriate--
                    ``(A) cannabinoid yields of the product, which may 
                consider or address, as appropriate, different types of 
                cannabinoids and the interaction between the 
                constituents of the product;
                    ``(B) provisions respecting the construction, 
                components, ingredients, additives, constituents, 
                including smoke constituents, and properties of the 
                cannabinoid product, which may consider, as 
                appropriate, the interaction between constituents and 
                components of the cannabinoid product; and
                    ``(C) provisions for the reduction or elimination 
                of harmful constituents or components of the product, 
                including smoke constituents;
            ``(2) for the testing of the cannabinoid product, including 
        requiring that the testing of the cannabinoid product be done 
        by a person licensed, certified, or otherwise authorized to 
        perform such testing in the State where such testing occurs;
            ``(3) requiring that the results of testing the cannabinoid 
        product show that the cannabinoid product is in conformity with 
        applicable standards, including with respect to the level of 
        heavy metals, chemical byproducts, or pesticide residues;
            ``(4) for the measurement of the characteristics of the 
        cannabinoid product, where appropriate, including total product 
        weight, size, color, appearance, and other distinguishing 
        features;
            ``(5) requiring that the sale and distribution of the 
        cannabinoid product be restricted but only to the extent that 
        the sale and distribution of a cannabinoid product may be 
        restricted under a regulation under this Act;
            ``(6) where appropriate, requiring the use and prescribing 
        the form and content of labeling for the proper use of the 
        cannabinoid product and any potential serious adverse effects 
        of the product; and
            ``(7) requiring cannabinoid products containing foreign-
        grown hemp or cannabinoids to meet the same standards 
        applicable to cannabinoid products containing domestically 
        grown cannabis.
    ``(c) Periodic Reevaluation of Standards.--The Secretary shall 
provide for periodic evaluation of cannabinoid product standards 
established under this section to determine whether such standards 
should be changed to reflect new medical, scientific, or other 
technological data.

``SEC. 1107. RECALL AUTHORITY.

    ``(a) In General.--If the Secretary finds that there is a 
reasonable probability that a cannabinoid product would cause a serious 
adverse effect, the Secretary shall issue an order requiring the 
appropriate person (including the manufacturers, importers, 
distributors, or retailers of the cannabinoid product) to immediately 
cease distribution of such cannabinoid product. The order shall provide 
the person subject to the order with an opportunity to appear and 
introduce testimony, to be held not later than 20 days after the date 
of the issuance of the order, on the actions required by the order and 
on whether the order should be amended to require a recall of such 
cannabinoid product. If, after providing an opportunity to appear and 
introduce testimony, the Secretary determines that inadequate grounds 
exist to support the actions required by the order, the Secretary shall 
vacate the order.
    ``(b) Amendment of Order To Require Recall.--
            ``(1) In general.--If, after providing an opportunity to 
        appear and introduce testimony under subsection (a), the 
        Secretary determines that the order should be amended to 
        include a recall of the cannabinoid product with respect to 
        which the order was issued, the Secretary shall, except as 
        provided in paragraph (2), amend the order to require a recall. 
        The Secretary shall specify a timetable in which the 
        cannabinoid product recall will occur and shall require 
        periodic reports to the Secretary describing the progress of 
        the recall.
            ``(2) Notice.--An amended order under paragraph (1)--
                    ``(A) shall not include recall of a cannabinoid 
                product from individuals; and
                    ``(B) shall provide for notice to persons subject 
                to the risks associated with the use of such 
                cannabinoid product.
            ``(3) Use of retailers.--In providing the notice required 
        by paragraph (2)(B), the Secretary may use the assistance of 
        retailers and other persons who distributed such cannabinoid 
        product. If a significant number of such persons cannot be 
        identified, the Secretary shall notify such persons pursuant to 
        section 705(b).

``SEC. 1108. RECORDS AND REPORTS ON CANNABINOID PRODUCTS.

    ``(a) In General.--Each person who is a cannabinoid product 
manufacturer or importer of a cannabinoid product shall establish and 
maintain such records, make such reports, and provide such information, 
as the Secretary may by regulation reasonably require to assure that 
such cannabinoid product is not adulterated or misbranded and to 
otherwise protect public health.
    ``(b) Reports of Removals and Corrections.--
            ``(1) Requirement.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), the Secretary shall by regulation require a 
                cannabinoid product manufacturer or importer of a 
                cannabinoid product to report promptly to the Secretary 
                any corrective action taken or removal from the market 
                of a cannabinoid product undertaken by such 
                manufacturer or importer if the removal or correction 
                was undertaken--
                            ``(i) to reduce a risk to health posed by 
                        the cannabinoid product; or
                            ``(ii) to remedy a violation of this 
                        chapter caused by the cannabinoid product which 
                        may present a risk to health.
                    ``(B) Records.--A cannabinoid product manufacturer 
                or importer of a cannabinoid product who undertakes a 
                corrective action or removal from the market of a 
                cannabinoid product that is not required to be reported 
                under this subsection shall keep a record of such 
                correction or removal.
            ``(2) Exception.--No report of the corrective action or 
        removal of a cannabinoid product may be required under 
        paragraph (1)(A) if a report of the corrective action or 
        removal is required and has been submitted under subsection 
        (a).

``SEC. 1109. PROHIBITION ON FLAVORED ELECTRONIC CANNABINOID PRODUCT 
              DELIVERY SYSTEM.

    ``(a) In General.--Except as provided in subsection (b), any 
electronic cannabinoid product delivery system shall not contain an 
added artificial or natural flavor, including mint, mango, strawberry, 
grape, peach, orange, berry or mixed berry, clove, cinnamon, pineapple, 
vanilla, coconut, licorice, cocoa, chocolate, cherry, watermelon, 
lemon, lime or lemon-lime, coffee, any combination thereof, or any 
other flavor that the Secretary may determine by order.
    ``(b) Application to Terpenes.--An electronic cannabinoid product 
delivery system may contain added or naturally occurring terpenes, 
including naturally occurring non-cannabis terpenes, on the conditions 
that--
            ``(1) if the cannabinoid product delivered by the 
        electronic cannabinoid product delivery system contains added 
        terpenes but not naturally occurring terpenes, not greater than 
        5 percent of the total weight of such cannabinoid product shall 
        be added terpenes;
            ``(2) if the cannabinoid product delivered by the 
        electronic cannabinoid product delivery system contains 
        naturally occurring terpenes but not added terpenes, not 
        greater than 6 percent of the total weight of such cannabinoid 
        product shall be naturally occurring terpenes; and
            ``(3) if the cannabinoid product delivered by the 
        electronic cannabinoid product delivery system contains both 
        added terpenes and naturally occurring terpenes, not greater 
        than 6 percent of the total weight of the cannabinoid product 
        shall be such naturally occurring terpenes and added terpenes.
    ``(c) Definition.--In this section, the term `electronic 
cannabinoid product delivery system' means an electronic device that 
delivers a cannabinoid product via an aerosolized or vaporized solution 
to the user inhaling from the device, and any component, liquid, part, 
or accessory of such a device, whether or not sold separately.

``SEC. 1110. EFFECT.

    ``(a) Preservation of Federal, State, Tribal, and Local 
Authority.--
            ``(1) Effect.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), nothing in this chapter, or rules 
                promulgated under this chapter, shall be construed to 
                limit the authority of a Federal agency (including the 
                Armed Forces), a State or political subdivision of a 
                State, or the government of an Indian Tribe to enact, 
                adopt, promulgate, and enforce any law, rule, 
                regulation, or other measure with respect to 
                cannabinoid products that is in addition to, or more 
                stringent than, requirements established under this 
                chapter, including a law, rule, regulation, or other 
                measure relating to or prohibiting the manufacture, 
                sale, distribution, possession, exposure to, access to, 
                advertising and promotion of, or use of cannabinoid 
                products by individuals of any age, information 
                reporting to the State or Indian Tribe, or measures 
                relating to fire safety or environmental standards for 
                cannabinoid products. No provision of this chapter 
                shall limit or otherwise affect any State, Tribal, or 
                local taxation of cannabinoid products.
                    ``(B) Restriction.--No State or political 
                subdivision of a State may enact, adopt, promulgate, 
                and enforce any law, rule, regulation, or other measure 
                for the labeling of cannabinoid products that is not 
                identical to the requirements for the packaging or 
                labeling of a cannabinoid product required by section 
                1103 (including regulations).
                    ``(C) Transportation of cannabinoid products.--No 
                State or Indian Tribe may prohibit the transportation 
                or shipment of cannabinoid products produced in 
                accordance with this chapter (including regulations) 
                through the State or land under the jurisdiction of the 
                Indian Tribe.
            ``(2) Rule of construction regarding product liability.--No 
        provision of this chapter relating to a cannabinoid product 
        shall be construed to modify or otherwise affect any action or 
        the liability of any person under the product liability law of 
        any State or Indian Tribe.
            ``(3) Definition of indian tribe.--In this subsection, the 
        term `Indian Tribe' means the governing body of any 
        individually identified and federally recognized Indian or 
        Alaska Native tribe, band, nation, pueblo, village, community, 
        affiliated Tribal group, or component reservation included on 
        the list published most recently as of the date of enactment of 
        the Cannabinoid Safety and Regulation Act pursuant to section 
        104(a) of the Federally Recognized Indian Tribe List Act of 
        1994.
    ``(b) Authority of USDA.--Nothing in this chapter affects the 
jurisdiction of the Secretary of Agriculture over the planting, 
cultivation, growing, and harvesting of hemp (as defined in section 
297A of the Agricultural Marketing Act of 1946).''.

SEC. 102. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) Definitions.--Section 201 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321) is amended--
            (1) in paragraph (g)(1)(C), by striking ``(other than 
        food)'' and inserting ``(other than food or cannabinoid 
        products)'';
            (2) in paragraph (ff)(1), by striking ``(other than 
        tobacco)'' and inserting ``(other than a tobacco product or a 
        cannabinoid product)'';
            (3) in paragraph (rr)(4), by inserting ``cannabinoid 
        product,'' after ``medical device''; and
            (4) by adding at the end the following:
    ``(tt)(1)(A) The term `cannabis' means--
            ``(i) all parts of the plant Cannabis sativa L., whether 
        growing or not;
            ``(ii) the seeds of such plant;
            ``(iii) the resin extracted from any part of such plant; 
        and
            ``(iv) every compound, manufacture, salt, derivative, 
        mixture, or preparation of such plant, its seeds or resin, or 
        other constituent element derived from such plant.
    ``(B) The term `cannabis' does not include--
            ``(i) any cannabis plant actively under cultivation that is 
        being cultivated in accordance with the requirements of 
        subtitle G of the Agricultural Marketing Act of 1946;
            ``(ii) a cannabinoid product; or
            ``(iii) the mature stalks of the plant Cannabis sativa L., 
        fiber produced from such stalks, oil or cake made from the 
        seeds of such plant, any other compound, manufacture, salt, 
        derivative, mixture, or preparation of such mature stalks 
        (except the resin extracted therefrom), fiber, oil, cake, or 
        the sterilized seed of such plant that is incapable of 
        germination.
    ``(2) The term `cannabinoid' means any of the following:
            ``(A) Any chemical in any plant of the genus Cannabis that 
        is unique in nature to such plant, including any of the 
        following chemicals:
                    ``(i) Tetrahydrocannabinol.
                    ``(ii) Cannabinol.
                    ``(iii) Cannabidiol.
                    ``(iv) Cannabigerol.
                    ``(v) Cannabichromene.
                    ``(vi) Tetrahydrocannabivarin.
                    ``(vii) Cannabivarin.
                    ``(viii) Cannabidivarin.
                    ``(ix) Cannabielsion.
                    ``(x) Cannabicyclol.
                    ``(xi) Cannabitriol.
                    ``(xii) Cannabicitran.
            ``(B) Any isomer of a chemical described in clause (A), and 
        any acids, acetates, salts, esters, ethers, and derivatives 
        thereof.
            ``(C) Any chemical, regardless of origin or method of 
        production, that is equivalent in chemical structure to a 
        chemical referred to in clause (A), or has both a similar 
        terpenophenolic chemical structure and pharmacological effect 
        to a chemical referred to in clause (A).
            ``(D) Any chemical derived from a plant of the genus 
        Cannabis that is a CB-1 or CB-2 receptor agonist or partial 
        agonist.
            ``(E) Any chemical that the Secretary has, by order, deemed 
        to be a cannabinoid.
    ``(3)(A) The term `cannabinoid product' means any article or 
product, including its components or parts, that--
            ``(i) contains or purports to contain any quantity of 1 or 
        more cannabinoids that are derived from hemp (as defined in 
        section 297A of the Agricultural Marketing Act of 1946); and
            ``(ii) is intended for use in, through any route of 
        administration, or to be applied to, the body of humans or 
        other animals.
    ``(B) The term `cannabinoid product' does not include--
            ``(i) a drug that is subject to the requirements of chapter 
        V or section 351 of the Public Health Service Act;
            ``(ii) a device that is subject to the requirements of 
        chapter V;
            ``(iii) any cannabis plant actively under cultivation that 
        is being cultivated in accordance with the requirements of 
        subtitle G of the Agricultural Marketing Act of 1946; or
            ``(iv) a virus, serum, toxin, or analogous product subject 
        to the requirements of the eighth paragraph of the matter under 
        the heading `bureau of animal industry' in the Act of March 4, 
        1913 (commonly known as the `Virus-Serum-Toxin Act').
    ``(4) With respect to cannabis or a cannabinoid product, the term 
`manufacture' does not include the planting, cultivation, growing, or 
harvesting of cannabis.
    ``(5) With respect to a cannabinoid product, the term `serious 
adverse effect' means that use of the product--
            ``(A) results in--
                    ``(i) death;
                    ``(ii) a life-threatening adverse experience;
                    ``(iii) inpatient hospitalization or prolongation 
                of existing hospitalization;
                    ``(iv) a persistent or significant disability or 
                incapacity;
                    ``(v) a congenital anomaly or birth defect; or
                    ``(vi) other serious medical event; or
            ``(B) requires, based on reasonable medical judgment, a 
        medical or surgical intervention to prevent an outcome 
        described in clause (A).
    ``(uu) The term `intended for human consumption', with respect to a 
cannabinoid product, means a cannabinoid product intended for ingestion 
or inhalation by a human.
    ``(vv) The term `tetrahydrocannabinol' means--
            ``(1) the chemical substance found in the Cannabis sativa 
        L. plant, including the delta-6a, delta-7, delta-8, delta-9, 
        delta-10a, and delta-10 forms, whether naturally occurring in 
        the Cannabis sativa L. plant or synthetically or semi-
        synthetically derived;
            ``(2) all isomers of tetrahydrocannabinol, and any acids, 
        acetates, metabolites (including 11-hydroxy-THC, 3-hydroxy-THC, 
        and 7-hydroxy-THC and their isomers), salts, esters, ethers, 
        and derivatives thereof, including its precursor form, 
        tetrahydrocannabinolic acid;
            ``(3) tetrahydrocannabivarins, including delta-8 
        tetrahydrocannabivarin, and exo-tetrahydrocannabinol;
            ``(4) hydrogenated forms of tetrahydrocannabinol including 
        hexahydrocannabinol, hexahydrocannabiphorol, and 
        hexahydrocannabihexol;
            ``(5) analogues of tetrahydrocannabinols with an alkyl 
        chain of four or more carbon atoms, including 
        tetrahydrocannabiphorols, tetrahydrocannabiocytls, 
        tetrahydrocannabihexols, or tetrahydrocannabutols; and
            ``(6) any combination of the chemical substances described 
        in subparagraphs (1) through (5) whether naturally or 
        artificially derived or synthetically or semi-synthetically 
        produced.
    ``(ww)(1) The term `artificially or synthetically derived 
cannabinoid' means a cannabinoid or a cannabinoid-like compound that is 
produced using chemical synthesis, chemical modification, or chemical 
conversion, including by using in-vitro biosynthesis or other 
bioconversion.
    ``(2) The term `artificially or synthetically derived cannabinoid' 
does not include--
            ``(A) a cannabinoid or a cannabinoid-like compound produced 
        through the decarboxylation of naturally occurring cannabinoids 
        from their acidic forms;
            ``(B) a cannabinoid product or input that undergoes the 
        removal of solvents, catalysts, or other unwanted materials 
        from the cannabinoid product or input; or
            ``(C) a semi-synthetic cannabinoid.
    ``(3)(A) For purposes of subparagraph (2)(C), the term `semi-
synthetic cannabinoid' means a substance that is created by a single 
chemical reaction that converts one cannabinoid extracted from a 
cannabis plant directly into a different cannabinoid that is found in 
more than trace amounts in a cannabis plant.
    ``(B) For purposes of subparagraph (2)(C), the term `semi-synthetic 
cannabinoid' includes a cannabinoid that is produced by the conversion 
of cannabidiol, including cannabinol and delta-8 tetrahydrocannabinol.
    ``(C) For purposes of subparagraph (2)(C), the term `semi-synthetic 
cannabinoid' does not include a cannabinoid that is produced through 
the decarboxylation of naturally occurring acidic forms of cannabinoids 
into the corresponding neutral cannabinoid through the use of heat or 
light, without the use of chemical reagents or catalysts, and that 
results in no other chemical change.''.
    (b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended--
            (1) by inserting ``cannabinoid product,'' after ``tobacco 
        product,'' each place it appears in paragraphs (g) and (h);
            (2) in paragraph (j), by striking ``or 920(b)'' and 
        inserting ``920(b), or 1104'';
            (3) in paragraph (p)--
                    (A) by striking ``510 or 905'' and inserting ``510, 
                905, or 1104'';
                    (B) by striking ``or 905(j)'' and inserting 
                ``905(j), or 1104(g)''; and
                    (C) by striking ``or 905(i)(3)'' and inserting ``, 
                905(i)(3), or 1104(g)(2)'';
            (4) in paragraph (q)(2) by inserting ``, cannabinoid 
        product,'' after ``device'';
            (5) in paragraph (r), by inserting ``cannabinoid product,'' 
        after ``device,'' each place it appears; and
            (6) by adding at the end the following:
    ``(jjj)(1) The sale or distribution of a cannabinoid product 
intended for human consumption and that contains detectable levels of 
any tetrahydrocannabinol to any person younger than 21 years of age.
    ``(2) The sale or distribution of an article that is a cannabinoid 
product and that contains alcohol, tobacco, nicotine, or another 
substance with effects that could interact with cannabinoids or enhance 
or alter the effects of cannabinoids, as determined by the Secretary 
through rulemaking.
    ``(3) The failure of a manufacturer or distributor to notify the 
Attorney General of its knowledge of cannabinoid products used in 
illicit trade.
    ``(kkk)(1) The introduction or delivery for introduction into 
commerce of any cannabinoid product that is adulterated or misbranded.
    ``(2) The introduction or delivery for introduction into interstate 
commerce of an article intended for ingestion in tablet, capsule, 
powder, softgel, gelcap, liquid, or other form, which is not 
represented as a conventional food and not represented for use as a 
sole item of a meal or of the diet if it--
            ``(A) contains any synthetic ingredient with a molecular 
        structure that does not occur in nature; and
            ``(B) does not meet the definition of a dietary supplement 
        in section 201(ff), except that this subsection does not apply 
        to any article introduced or delivered for introduction into 
        interstate commerce in compliance with chapter V, VI, or IX or 
        with section 351 of the Public Health Service Act.
    ``(3) The adulteration or misbranding of any cannabinoid product in 
commerce.
    ``(4) The receipt in commerce of any cannabinoid product that is 
adulterated or misbranded, and the delivery or proffered delivery 
thereof for pay or otherwise.
    ``(5) The alteration, mutilation, destruction, obliteration, or 
removal of the whole or any part of the labeling of, or the doing of 
any other act with respect to a cannabinoid product, if such act is 
done while such article is held for sale (whether or not the first 
sale) after shipment in commerce and results in such article being 
adulterated or misbranded.
    ``(lll)(1) The sale or distribution of a cannabinoid product 
intended for human consumption that contains multiple servings, unless 
the contents of such cannabinoid product are readily divisible into 
portions equivalent to one serving.
    ``(2) The sale or distribution of a cannabinoid product intended 
for human consumption that is in liquid form, unless such cannabinoid 
product--
            ``(A) contains not more than one serving; or
            ``(B) if the serving size is less than 1 fluid ounce, 
        includes a convenient device for measuring servings, such as a 
        dropper or measuring cup, unless it is a food.''.
    (c) Penalties.--Section 303(f) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 333(f)) is amended--
            (1) in paragraph (5)--
                    (A) in subparagraph (A)--
                            (i) in the first sentence, by striking ``or 
                        (9)'' and inserting ``(9), or (11)''; and
                            (ii) by inserting ``or no-cannabinoid-
                        product-sale order'' after ``no-tobacco-sale 
                        order'' each place it appears;
                    (B) in subparagraph (B)--
                            (i) by inserting ``or no-cannabinoid-
                        product-sale order'' after ``no-tobacco-sale 
                        order'' each place it appears; and
                            (ii) in the second sentence, by inserting 
                        ``or cannabinoid products, as applicable,'' 
                        after ``tobacco products'';
                    (C) in subparagraph (C), in the first sentence, by 
                striking ``or (9)'' and inserting ``(9), or (11)''; and
                    (D) in subparagraph (D) by inserting ``or no-
                cannabinoid-product-sale order'' after ``no-tobacco-
                sale order'';
            (2) in paragraph (6), by inserting ``or no-cannabinoid- 
        product-sale order'' after ``no-tobacco-sale order'' each place 
        it appears; and
            (3) by adding at the end the following:
            ``(10) Civil monetary penalties for violation of 
        cannabinoid product requirements.--
                    ``(A) In general.--Any person who violates a 
                requirement of this Act that relates to cannabinoid 
                products shall be liable to the United States for a 
                civil penalty in an amount not to exceed $15,000 for 
                each such violation, and not to exceed $15,000,000 for 
                all such violations adjudicated in a single proceeding.
                    ``(B) Enhanced civil penalties.--Any person who 
                knowingly violates a requirement of this Act that 
                relates to cannabinoid products shall be subject to a 
                civil monetary penalty of--
                            ``(i) not to exceed $250,000 per violation, 
                        and not to exceed $10,000,000 for all such 
                        violations adjudicated in a single proceeding; 
                        or
                            ``(ii) in the case of a violation that 
                        continues after the Secretary provides written 
                        notice of the violation to such person, 
                        $250,000 for the first 30-day period (or any 
                        portion thereof) that the person continues to 
                        be in violation, and such amount shall double 
                        for every 30-day period thereafter that the 
                        violation continues, not to exceed $10,000,000 
                        for any 30-day period, and not to exceed 
                        $20,000,000 for all such violations adjudicated 
                        in a single proceeding.
            ``(11) Repeated violations relating to cannabinoid 
        products.--
                    ``(A) In general.--If the Secretary finds that a 
                person has committed repeated violations of a 
                requirement of this Act that relates to cannabinoid 
                products at a particular retail or online outlet, or 
                association of retail or online outlets, then the 
                Secretary may impose a no-cannabinoid-product-sale 
                order on that person prohibiting the sale of 
                cannabinoid products in that outlet. A no-cannabinoid-
                product-sale order may be imposed with a civil penalty 
                under paragraph (1).
                    ``(B) Hearing.--Prior to the entry of a no-
                cannabinoid-product-sale order under this paragraph, a 
                person shall be entitled to a hearing pursuant to the 
                procedures established through regulations of the Food 
                and Drug Administration for assessing civil money 
                penalties, including, at a retailer's request, a 
                hearing by telephone, or at the nearest regional or 
                field office of the Food and Drug Administration, or at 
                a Federal, State, or county facility within 100 miles 
                from the location of the retail outlet, if such a 
                facility is available.''.
    (d) Seizure Authorities.--Section 304 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 334) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``cannabinoid 
                product,'' after ``drug,''; and
                    (B) in paragraph (2)--
                            (i) by striking ``and (H) Any punch'' and 
                        inserting ``(H) Any punch''; and
                            (ii) by inserting before the period at the 
                        end the following: ``, and (I) Any adulterated 
                        or misbranded cannabinoid product'';
            (2) in subsection (d)(1), by inserting ``cannabinoid 
        product,'' after ``tobacco product,''; and
            (3) in subsection (g), by striking ``or tobacco product'' 
        each place it appears in paragraphs (1) and (2)(A) and 
        inserting ``, tobacco product, or cannabinoid product''.
    (e) Factory Inspection.--Section 704 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 374) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``cannabinoid products,'' after 
                ``tobacco products,'' each place it appears;
                    (B) by striking ``or tobacco products'' each place 
                it appears and inserting ``tobacco products, or 
                cannabinoid products''; and
                    (C) by striking ``and tobacco products'' and 
                inserting ``tobacco products, and cannabinoid 
                products''; and
            (2) in subsection (b)(1), by inserting ``cannabinoid 
        product,'' after ``tobacco product,''.
    (f) Publicity.--Section 705(b) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 375(b)) is amended by inserting ``cannabinoid 
products,'' after ``tobacco products,''.
    (g) Presumption.--Section 709 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379a) is amended by inserting ``cannabinoid 
product,'' after ``tobacco product,''.
    (h) Imports and Exports.--Section 801 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 381) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``cannabinoid products,'' after 
                ``tobacco products,'';
                    (B) by striking ``or tobacco products'' each place 
                it appears and inserting ``, tobacco products, or 
                cannabinoid products''; and
                    (C) by striking ``or section 905(h)'' and inserting 
                ``, 905(h), or 1104''; and
            (2) in subsection (e), by striking ``tobacco product or'' 
        and inserting ``tobacco product, cannabinoid product, or''.

SEC. 103. REGULATION OF CANNABINOID BEVERAGES CONTAINING 
              TETRAHYDROCANNABINOL.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary of Agriculture, the Commissioner of Food and Drugs, the 
Attorney General, and the Director of the Alcohol and Tobacco Tax and 
Trade Bureau, acting jointly, shall publish a report that includes 
recommendations for a Federal regulatory framework for cannabinoid 
beverages that contain tetrahydrocannabinol (as defined in paragraph 
(vv) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321)) that--
            (1) is modeled on the Federal regulatory framework for 
        alcohol; and
            (2) delineates responsibilities among the Department of 
        Agriculture, the Food and Drug Administration, the Department 
        of Justice, and the Alcohol and Tobacco Tax and Trade Bureau, 
        for labeling, taxation, manufacturing, and adulteration 
        standards of cannabinoid beverages that contain 
        tetrahydrocannabinol.

                        TITLE II--PUBLIC HEALTH

SEC. 201. PUBLIC HEALTH SURVEILLANCE AND DATA COLLECTION.

    (a) In General.--Section 392A of the Public Health Service Act (42 
U.S.C. 280b-1) is amended--
            (1) in the section heading, by inserting ``and adverse 
        health effects of cannabis use'' after ``substances'';
            (2) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (C) by inserting ``and 
                        adverse health effects of cannabis use'' before 
                        the period; and
                            (ii) in subparagraph (D) by inserting ``, 
                        cannabis, and polysubstance use'' before the 
                        period; and
                    (B) in paragraph (4), by inserting ``and collect 
                data to better understand the use and health effects of 
                cannabis, stimulants, and polysubstances, and'' after 
                ``conduct studies and evaluations'';
            (3) in subsection (e), by striking ``$496,000,000 for each 
        of fiscal years 2019 through 2023'' and inserting 
        ``$596,000,000 for each of fiscal years 2024 through 2028''; 
        and
            (4) by adding at the end the following:
    ``(f) Additional Funding.--In addition to amounts otherwise 
available, there is appropriated, out of any funds in the Treasury not 
otherwise appropriated, $100,000,000 for each of fiscal years 2024 
through 2028 to carry out this section.''.

SEC. 202. AWARDS TO PREVENT UNDERAGE CANNABIS USE.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.) is amended by adding at the end the following:

``SEC. 553. AWARDS TO PREVENT UNDERAGE CANNABIS USE.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary, shall award grants, contracts, and cooperative agreements to 
eligible entities to prevent and reduce underage use of cannabis.
    ``(b) Eligible Entities.--To receive an award under this section, 
an entity shall be a State, a political subdivision of a State, an 
Indian Tribe or Tribal organization, an urban Indian organization, a 
nonprofit community-based organization, or any other nonprofit entity 
the Secretary determines appropriate.
    ``(c) Use of Funds.--An eligible entity receiving an award under 
this subsection shall use funds from such award to--
            ``(1) establish, enhance, and support culturally- and 
        linguistically-appropriate programs, including community-based, 
        school-based, and higher-education based programs, and programs 
        that target youth within the juvenile justice and child welfare 
        systems, that offer screening, prevention, early intervention, 
        diagnosis, treatment, referral, and recovery support services 
        related to underage cannabis use;
            ``(2) design, test, evaluate, and disseminate evidence-
        based and evidence-informed strategies to maximize the 
        effectiveness of community-wide approaches to preventing and 
        reducing underage cannabis use;
            ``(3) educate children, adolescents, youth, parents, health 
        care providers, and communities about the dangers of underage 
        cannabis use, including impaired driving due to cannabis use;
            ``(4) collect data on underage cannabis use to identify and 
        address needs, service gaps, and trends;
            ``(5) strengthen collaboration among communities, the 
        Federal Government, and State, local, and Tribal governments to 
        prevent underage cannabis use;
            ``(6) address community norms regarding underage cannabis 
        use, reduce opportunities for underage cannabis use, and reduce 
        the prevalence of negative consequences associated with 
        underage cannabis use; and
            ``(7) support other evidence-based and evidence-informed 
        practices to reduce underage cannabis use, as determined by the 
        Secretary.
    ``(d) Supplement Not Supplant.--Funds awarded under this section 
shall supplement, and not supplant, existing State, Federal, local, and 
Tribal funds to prevent and reduce underage cannabis use.
    ``(e) Priority Consideration.--In making awards under this section, 
the Secretary shall give priority to eligible entities that serve 
medically underserved communities, communities with high rates of 
underage cannabis use, and communities that have historically 
experienced disproportionate arrest and conviction rates related to the 
sale, possession, use, manufacture, or cultivation of cannabis (but not 
counting convictions involving distribution of cannabis to a minor).
    ``(f) Funding.--In addition to amounts otherwise available, there 
is appropriated, out of any funds in the Treasury not otherwise 
appropriated, $25,000,000 for each of fiscal years 2024 through 2028 to 
carry out this section.
    ``(g) Definitions.--In this section:
            ``(1) Cannabis.--The term `cannabis' means cannabis or a 
        cannabinoid product (as such terms are defined in section 
        201(tt) of the Federal Food, Drug, and Cosmetic Act).
            ``(2) Indian tribe.--the term `Indian Tribe' means the 
        governing body of any individually identified and federally 
        recognized Indian or Alaska Native tribe, band, nation, pueblo, 
        village, community, affiliated Tribal group, or component 
        reservation included on the list published most recently as of 
        the date of enactment of the Cannabinoid Safety and Regulation 
        Act pursuant to section 104(a) of the Federally Recognized 
        Indian Tribe List Act of 1994.
            ``(3) Tribal organization.--The term `Tribal organization' 
        means the governing body of an Indian Tribe.
            ``(4) Urban indian organization.--The term `urban Indian 
        organization' has the meaning given such term in section 4 of 
        the Indian Health Care Improvement Act.''.

            TITLE III--CANNABIS-IMPAIRED DRIVING PREVENTION

SEC. 301. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Highway Traffic Safety 
        Administration.
            (2) Cannabis.--The term ``cannabis'' means--
                    (A) cannabis (as defined in paragraph (tt) of 
                section 201 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 321)); and
                    (B) a cannabinoid product (as so defined).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (4) THC.--The term ``THC'' means tetrahydrocannabinol (as 
        defined in paragraph (vv) of section 201 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 321)).

SEC. 302. CANNABIS-IMPAIRED DRIVING RESEARCH.

    (a) Cannabis-Impaired Driving Data.--
            (1) In general.--The Secretary shall collect and, as 
        appropriate, share with the Secretary of Health and Human 
        Services, data relating to cannabis-impaired driving, or a 
        combination of cannabis and another substance, including 
        through the collection of crash data specific to crashes 
        involving drivers with--
                    (A) THC in their system; or
                    (B) a combination of THC and another substance in 
                their system.
            (2) National roadside survey.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                initiate a National Roadside Survey to collect data on 
                drivers with THC in their system.
                    (B) Report.--Not later than 3 years after the date 
                of enactment of this Act, the Secretary shall submit to 
                the Committees on Commerce, Science, and 
                Transportation, Environment and Public Works, and 
                Health, Education, Labor, and Pensions of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives a report summarizing 
                the data acquired, and conclusions drawn, from the 
                National Roadside Survey required under subparagraph 
                (A).
    (b) Research on Risks of Cannabis-Impaired Driving.--
            (1) Study required.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, the Secretary shall 
                carry out a study to evaluate and quantify the risks of 
                cannabis-impaired driving.
                    (B) Requirements.--The study required under 
                subparagraph (A) shall analyze--
                            (i) whether there is an increased 
                        likelihood of crashing a motor vehicle after 
                        recent cannabis use;
                            (ii) the effect of cannabis on driving 
                        behavior;
                            (iii) whether there is a correlation 
                        between THC level (as tested in oral fluids or 
                        through any other test designated by the 
                        Secretary in consultation with the Secretary of 
                        Health and Human Services) and level of 
                        impairment;
                            (iv) whether the current Standard Field 
                        Sobriety Test developed by the National Highway 
                        Traffic Safety Administration accurately 
                        identifies cannabis impairment and impairment 
                        due to cannabis and other substance use;
                            (v) whether driving behavior changes 
                        depending on frequency of cannabis use;
                            (vi) whether there are any measurable 
                        increased risks associated with using cannabis 
                        together with another substance;
                            (vii) whether there is a measurable effect 
                        of cannabis use by drivers on pedestrian 
                        safety; and
                            (viii) any other data necessary to improve 
                        safe driving outcomes, as determined by the 
                        Secretary.
            (2) Report.--Not later than 3 years after the date of 
        enactment of this Act, and annually thereafter until the date 
        on which the study required under paragraph (1) is complete, 
        the Secretary shall submit to the Committees on Commerce, 
        Science, and Transportation, Environment and Public Works, and 
        Health, Education, Labor, and Pensions of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report summarizing the data acquired, and 
        conclusions drawn, from the study required under paragraph (1).

SEC. 303. DOT CANNABIS-IMPAIRED DRIVING PREVENTION PROGRAMS.

    (a) In General.--The Secretary shall research and implement data-
driven strategies to educate the public about the dangers of cannabis-
impaired driving, which shall include the following:
            (1) Cannabis-impaired driving use prevention best 
        practices.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                develop and issue best practices for States and 
                communities to prevent cannabis-impaired driving, 
                including impaired driving involving the use of 
                cannabis and another substance and practices targeting 
                drivers under the age of 21, in consultation with the 
                Director of the Centers for Disease Control and 
                Prevention, the Secretary of Health and Human Services, 
                and the heads of other Federal agencies as appropriate.
                    (B) Updates.--Not less frequently than biannually, 
                the Secretary shall update and reissue the best 
                practices required under subparagraph (A) as new 
                research and data becomes available.
            (2) Cannabis-impaired driving use prevention campaigns.--
        Not later than 2 years after the date of enactment of this Act, 
        the Secretary shall establish and carry out national campaigns 
        to prevent cannabis-impaired driving, including--
                    (A) cannabis-impaired driving involving the use of 
                cannabis and another substance; and
                    (B) cannabis-impaired driving among drivers under 
                the age of 21.
    (b) Campaign Evaluation.--Not less frequently than once every 3 
years, the Secretary shall evaluate the effectiveness of the campaigns 
required under subsection (a)(2) and the activities carried out by 
States using a grant awarded under section 409 of title 23, United 
States Code, by using a variety of factors, including--
            (1) collecting data, including behavioral data, and 
        comparing that data from before and after the campaigns;
            (2)(A) engaging with stakeholders that were involved in the 
        campaigns; and
            (B) analyzing feedback from those stakeholders on what the 
        stakeholders saw as strengths and weaknesses of the campaigns;
            (3) determining whether the campaigns accomplished the 
        objectives the Secretary set out to accomplish through analysis 
        of data relating to the campaigns; and
            (4) any other factors the Secretary determines appropriate 
        included in the document of the National Highway Traffic Safety 
        Administration entitled ``The Art of Appropriate Evaluation: A 
        Guide for Highway Safety Program Managers'' and dated December 
        2008 (or a successor document).
    (c) Report.--Not later than 6 months after the date on which the 
Secretary completes an evaluation conducted under subsection (b), the 
Secretary shall submit to the Committees on Commerce, Science, and 
Transportation, Environment and Public Works, and Health, Education, 
Labor, and Pensions of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report that--
            (1) summarizes the data collected and provides the analysis 
        of the data from an evaluation conducted under subsection (b);
            (2) includes recommendations for future impaired driving 
        campaigns; and
            (3) includes any determinations that a national campaign or 
        an activity carried out by a State using a grant awarded under 
        section 409 of title 23, United States Code, is ineffective at 
        preventing cannabis-impaired driving.

SEC. 304. STATE CANNABIS-IMPAIRED DRIVING PREVENTION GRANT PROGRAM.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by inserting after section 408 the following:
``Sec. 409. State cannabis-impaired driving prevention grant program
    ``(a) Definitions.--In this section:
            ``(1) Cannabis.--The term `cannabis' has the meaning given 
        the term in paragraph (tt) of section 201 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 321).
            ``(2) Grant program.--The term `grant program' means the 
        grant program established under subsection (b).
            ``(3) THC.--The term `THC' means tetrahydrocannabinol (as 
        defined in paragraph (vv) of section 201 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 321)).
    ``(b) Establishment.--Not later than 1 year after the date of 
enactment of the Cannabinoid Safety and Regulation Act, the Secretary, 
acting through the Administrator of the National Highway Traffic Safety 
Administration, shall establish a program to provide grants to States, 
in accordance with subsection (c), to implement programs to prevent 
impaired driving due to cannabis use.
    ``(c) Eligibility.--The Secretary may provide a grant under this 
section to any State that--
            ``(1) describes how the State will use the grant funds in 
        accordance with a highway safety program under section 402, 
        including how the State will implement the best practices 
        developed by the Secretary under section 303(a)(1) of the 
        Cannabinoid Safety and Regulation Act; and
            ``(2) agrees to provide data and information, as determined 
        by the Secretary, to assist with the evaluation of the 
        effectiveness of the eligible activities described in 
        subsection (d).
    ``(d) Use of Funds.--A State may use a grant awarded under this 
section for the following activities:
            ``(1) Enforcement activities, including--
                    ``(A) to train public safety personnel to detect 
                impaired driving due to the use of cannabis or a 
                combination of cannabis and another substance;
                    ``(B) to increase the capacity of impaired driving 
                toxicology testing laboratories in the State to support 
                impaired driving investigations, including to purchase 
                equipment, hire staff, provide training, and improve 
                procedures, including to improve toxicology testing 
                standards to be consistent with the standards contained 
                in the document of the National Safety Council entitled 
                `Recommendations for Toxicological Investigation of 
                Drug-Impaired Driving and Motor Vehicle Fatalities-2021 
                Update' (or a successor document);
                    ``(C) to train for and implement impaired driving 
                assessment programs or other tools designed to increase 
                the probability of identifying the recidivism risk of 
                an individual convicted of driving under the influence 
                of cannabis, or a combination of cannabis and another 
                substance, and to determine the most effective mental 
                health or substance abuse treatment or sanction that 
                will reduce that risk;
                    ``(D) to develop and implement high-visibility 
                enforcement efforts relating to cannabis-impaired 
                driving; and
                    ``(E) for court support of high-visibility 
                enforcement efforts, to train and educate criminal 
                justice professionals (including law enforcement 
                personnel, prosecutors, judges, and probation officers) 
                to assist those professionals in--
                            ``(i) handling cannabis-impaired driving 
                        cases;
                            ``(ii) hiring traffic safety resource 
                        prosecutors;
                            ``(iii) hiring judicial outreach liaisons; 
                        and
                            ``(iv) establishing driving while 
                        intoxicated courts.
            ``(2) Data collection activities, including--
                    ``(A) to collect data relating to the use of 
                cannabis, drugs, or multiple substances by drivers, 
                including the prevalence of the use of those substances 
                among drivers arrested for impaired driving; and
                    ``(B) to increase drug testing and reporting for 
                all fatal crashes and serious injuries to better 
                understand the scope of cannabis-impaired driving, or a 
                combination of cannabis and another substance.
            ``(3) Education activities, including--
                    ``(A) to develop and carry out educational 
                campaigns to better educate the public about the harms 
                associated with cannabis-impaired driving, including 
                impaired driving associated with the use of cannabis 
                and another substance; and
                    ``(B) to participate in national campaigns 
                organized by the Secretary under section 303(a)(2) of 
                the Cannabinoid Safety and Regulation Act.
    ``(e) Prohibition.--The Secretary may prohibit the use of grant 
funds for an activity described in subsection (d) if the Secretary 
determines that the activity is ineffective at preventing cannabis-
impaired driving after conducting an evaluation required under section 
303(b) of the Cannabinoid Safety and Regulation Act.
    ``(f) Grant Amounts.--
            ``(1) In general.--The allocation of grant funds to a State 
        under this section for a fiscal year shall be in proportion to 
        the apportionment of funds a State receives under section 
        402(c)(2).
            ``(2) Requirement.--Not less than 10 percent of the funds 
        allocated to a State under this section shall be used to carry 
        out activities described in subsection (d)(1)(B).
    ``(g) Federal Share.--
            ``(1) In general.--For the first 3 fiscal years after the 
        date on which the grant program is established under subsection 
        (b), and each fiscal year thereafter for a State that meets the 
        condition described in paragraph (2)(B) during that fiscal 
        year, the Federal share of the costs of activities carried out 
        with a grant awarded under the grant program shall be 80 
        percent in any fiscal year in which the State is awarded a 
        grant.
            ``(2) Decreased federal share.--
                    ``(A) In general.--For any State that does not meet 
                the condition described in subparagraph (B), the 
                Federal share of the costs of activities carried out 
                with a grant awarded under the grant program shall be--
                            ``(i) 70 percent in the fourth fiscal year 
                        after the date on which the grant program is 
                        established under subsection (b);
                            ``(ii) 60 percent in the fifth fiscal year 
                        after that date; and
                            ``(iii) 50 percent in the sixth fiscal year 
                        after that date and each fiscal year 
                        thereafter.
                    ``(B) Condition.--The condition referred to in 
                paragraph (1) and subparagraph (A) is that the State 
                shall implement an open container law relating to 
                cannabis products.
    ``(h) Funding.--In addition to amounts otherwise available, there 
is appropriated, out of any money in the Treasury not otherwise 
appropriated, $40,000,000 for each of fiscal years 2024 through 2028 to 
carry out this section.''.
    (b) Clerical Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 408 the following:

``409. State cannabis-impaired driving prevention grant program.''.

SEC. 305. NATIONAL CANNABIS IMPAIRMENT STANDARD.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, and once every 2 years thereafter, the Secretary shall 
make a determination as to whether or not it is feasible to establish a 
national standard for determining impairment for cannabis-impaired 
driving.
    (b) Rulemaking Required.--If the Secretary determines that 
establishing a national standard relating to cannabis-impaired driving 
under subsection (a) is feasible, the Secretary shall, not later than 1 
year after that determination, promulgate regulations establishing a 
model cannabis impairment standard for States.

SEC. 306. FUNDING.

    In addition to amounts otherwise available, there is appropriated, 
out of any money in the Treasury not otherwise appropriated, 
$30,000,000 for each of fiscal years 2024 through 2029 to carry out 
sections 302 and 303.
                                 <all>
```